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quence , or procedure of construction is shown or B . If the Supplementary Conditions require the
<br /> indicated in and expressly required by the Contract identity of certain Subcontractors , Suppliers , or other
<br /> Documents , CONTRACTOR may furnish or utilize a individuals or entities to be submitted to OWNER in
<br /> substitute means , method , technique , sequence , or advance for acceptance by OWNER by a specified
<br /> procedure of construction approved by ENGINEER . date prior to the Effective Date of the Agreement, and
<br /> CONTRACTOR shall submit sufficient information to if CONTRACTOR has submitted a list thereof in
<br /> allow ENGINEER , in ENGINEER ' s sole discretion , to accordance with the Supplementary Conditions ,
<br /> determine that the substitute proposed is equivalent OWNER 's acceptance (either in writing or by failing to
<br /> to that expressly called for by the Contract Docu - make written objection thereto by the
<br />date indicated
<br /> ments . The procedure for review by ENGINEER will for acceptance or objection in the Bidding Documents
<br /> be similar to that provided in subparagraph 6 . 05 . A. 2 . or the Contract Documents) of any such Subcon-
<br /> tractor, Supplier, or other individual or entity so
<br /> C . Engineer's Evaluation: ENGINEER will be identified may be revoked on the basis of reasonable
<br /> allowed a reasonable time within which to evaluate objection after due investigation . CONTRACTOR
<br /> each proposal or submittal made pursuant to para- shall submit an acceptable replacement for the
<br /> graphs 6 . 05 . A and 6 . 05 . 8 . ENGINEER will be the rejected Subcontractor, Supplier, or other individual or
<br /> sole judge of acceptability. No "or-equal " or substitute entity, and the Contract Price will be adjusted by the
<br /> will be ordered , installed or utilized until ENGINEER ' s difference in the cost occasioned by such
<br /> review is complete , which will be evidenced by either replacement, and an appropriate Change Order will
<br /> a Change Order for a substitute or an approved Shop be issued or Written Amendment signed . No accep-
<br /> Drawing for an or equal . " ENGINEER will advise tance by OWNER of any such Subcontractor,
<br /> CONTRACTOR in writing of any negative Supplier, or other individual or entity, whether initially
<br /> determination , or as a replacement, shall constitute a waiver of any
<br /> right of OWNER or ENGINEER to reject defective
<br /> D . Special Guarantee: OWNER may require Work .
<br /> CONTRACTOR to furnish at CONTRACTOR ' s ex-
<br /> pense a special performance guarantee or other C . CONTRACTOR shall be fully responsible to
<br /> surety with respect to any substitute. OWNER and ENGINEER for all acts and omissions
<br /> of the Subcontractors , Suppliers , and other individuals
<br /> E . ENGINEER's Cost Reimbursement: or entities performing or furnishing any of the Work
<br /> ENGINEER will record time required by ENGINEER just as CONTRACTOR is responsible for
<br /> and ENGINEER ' s Consultants in evaluating substitute CONTRACTOR 's own acts and omissions . Nothing
<br /> proposed or submitted by CONTRACTOR pursuant in the Contract Documents shall create for the benefit
<br /> to paragraphs 6 . 05 . A . 2 and 6 . 05 . 13 and in making of any such Subcontractor, Supplier, or other
<br /> changes in the Contract Documents (or in the individual or entity any contractual relationship be-
<br /> provisions of any other direct contract with OWNER tween OWNER or ENGINEER and any such
<br /> for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity,
<br /> Whether or not ENGINEER approves a substitute nor shall it create any obligation on the part of
<br /> item so proposed or submitted by CONTRACTOR , OWNER or ENGINEER to pay or to see to the
<br /> CONTRACTOR shall reimburse OWNER for the payment of any moneys due any such Subcontractor,
<br /> charges of ENGINEER and ENGINEER ' s Consul- Supplier, or other individual or entity except as may
<br /> tants for evaluating each such proposed substitute , otherwise be required by Laws and Regulations .
<br /> F . CONTRACTOR's Expense: CONTRACTOR D . CONTRACTOR shall be solely responsible
<br /> shall provide all data in support of any proposed for scheduling and coordinating the Work of Subcon -
<br /> substitute or "or-equal" at CONTRACTOR ' s expense . tractors , Suppliers , and other individuals or entities
<br /> performing or furnishing any of the Work under a
<br /> 6 . 06 Concerning Subcontractors, Suppliers, direct or indirect contract with CONTRACTOR .
<br /> and Others
<br /> E . CONTRACTOR shall require all Subcontrac-
<br /> A. CONTRACTOR shall not employ any tors , Suppliers , and such other individuals or entities
<br /> Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work to commu -
<br /> ( including those acceptable to OWNER as indicated nicate with ENGINEER through CONTRACTOR .
<br /> in paragraph 6 . 06 . B ) , whether initially or as a
<br /> replacement, against whom OWNER may have F . The divisions and sections of the Specifica-
<br /> reasonable objection . CONTRACTOR shall not be tions and the identifications of any Drawings shall not
<br /> required to employ any Subcontractor, Supplier, or control CONTRACTOR in dividing the Work among
<br /> other individual or entity to furnish or perform any of Subcontractors or Suppliers or delineating the Work
<br /> the Work against whom CONTRACTOR has reason - to be performed by any specific trade ,
<br /> able objection .
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